General industry and construction, side by side
Part 1904 is one rule for general industry and construction, so most lines below apply to both. The lines that differ are shown in two columns.
| Topic | General industry (29 CFR 1910) | Construction (29 CFR 1926) |
|---|---|---|
| A death | Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to OSHA.29 CFR 1904.39(a)(1) | |
| A hospitalization, amputation or loss of an eye | Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or loss of an eye, as a result of a work-related incident, you must report it to OSHA.29 CFR 1904.39(a)(2) | |
| Who has to report | All employers covered by the OSH Act must report. That includes a company that had 10 or fewer employees at all times during the last calendar year, counting the entire company, and an establishment in a partially exempt industry. Neither has to keep injury and illness records.29 CFR 1904.1(a)(1), 29 CFR 1904.2(a)(1) | |
| How to report | By telephone or in person to the OSHA Area Office nearest to the site of the incident, by telephone to the toll-free number 1-800-321-OSHA (1-800-321-6742), or by electronic submission using the reporting application on osha.gov. If the Area Office is closed, use the 800 number or the online application.29 CFR 1904.39(a)(3), 29 CFR 1904.39(b)(1) | |
| What to tell OSHA | The establishment name, the location and time of the incident, the type of reportable event, the number of employees affected, their names, your contact person and phone number, and a brief description of the incident.29 CFR 1904.39(b)(2) | |
| A crash on a public road | If the crash occurred on a public street or highway, but not in a construction work zone, you do not have to report it to OSHA. It must be recorded on your OSHA records if you are required to keep them.29 CFR 1904.39(b)(3) | If the crash occurred in a construction work zone, you must report the fatality, in-patient hospitalization, amputation or loss of an eye.29 CFR 1904.39(b)(3) |
| An event on public transportation | You do not have to report to OSHA a fatality, in-patient hospitalization, amputation or loss of an eye that occurred on a commercial or public transportation system, such as an airplane, train, subway or bus. It must still be recorded if you keep records.29 CFR 1904.39(b)(4) | |
| When the death or injury comes later | A fatality is reported only if it occurs within thirty (30) days of the work-related incident. An in-patient hospitalization, amputation or loss of an eye is reported only if it occurs within twenty-four (24) hours of the incident.29 CFR 1904.39(b)(6) | |
| When you learn about it late | If you do not learn of a reportable event when it takes place, the report is due within eight (8) hours for a fatality and twenty-four (24) hours for the other events, counted from when it is reported to you or your agent. The same periods run from the day you learn the event was work-related.29 CFR 1904.39(b)(7), 29 CFR 1904.39(b)(8) | |
| What counts | In-patient hospitalization means a formal admission to the in-patient service of a hospital or clinic for care or treatment, so observation or diagnostic testing alone is not reportable. An amputation is the traumatic loss of a limb or other external body part. A work-related fatality or in-patient hospitalization caused by a heart attack is reported, and the Area Office director decides whether to investigate.29 CFR 1904.39(b)(9), 29 CFR 1904.39(b)(10), 29 CFR 1904.39(b)(11), 29 CFR 1904.39(b)(5) | |
What is OSHA's rule and what is not
| Level | What it says |
|---|---|
| OSHA requirement | The 8 and 24 hour limits, the three ways to report and the list of information come from 1904.39. A report to OSHA is separate from recording the case on the 300 Log and the 301, which has its own rules and its own deadline.29 CFR 1904.39(a) and 29 CFR 1904.39(b) |
| Recommended practice | Writing down the time you learned of the event, and who made the call, gives you the record of the clock. A written note is recommended, not required, by the paragraph.29 CFR 1904.39(b)(7) |
Does your state do it differently?
| State | Difference |
|---|---|
| California | Every employer reports a death or a serious injury or illness to Cal/OSHA immediately, meaning as soon as practically possible and not longer than 8 hours after the employer knows or with diligent inquiry would have known. If the employer can show exigent circumstances, the report is made no longer than 24 hours after the incident. Serious injury or illness is defined in section 330(h) of Title 8.8 CCR 342(a). Source: Cal/OSHA, 8 CCR section 342 |
Some states run their own State Plan and write their own text, so the federal paragraphs above describe federal OSHA states. Look up your state on the State Plans page and read its rule before you rely on the federal wording.
What OSHA cited most under these standards in FY2025
| Paragraph | What it covers | FY2025 citations |
|---|---|---|
| 1904.39(a)(2) | Report within 24 hours: hospitalization, amputation, eye loss | 682 |
| 1904.39(a)(1) | Report a fatality within 8 hours | 117 |
| 1904.39(a)(3) | 1 | |
| 1904.39(b)(7) | 1 |
1904.39: 801 citations in FY2025 at 786 inspections, 241 of them at construction sites (NAICS 23). Citation items issued Oct 1, 2024 to Sep 30, 2025, counted by HazComFast on U.S. Department of Labor enforcement data (extracted Oct 13, 2026). Inspected establishments, not the whole industry.
Mistakes that turn up in inspections
- Counting every emergency room visit as a hospitalization. Only a formal admission to the in-patient service for care or treatment counts, and observation or diagnostic testing alone does not.29 CFR 1904.39(b)(9) and 29 CFR 1904.39(b)(10)
- Leaving a voicemail or sending an email when the Area Office is closed. Use the 800 number or the online application.29 CFR 1904.39(b)(1)
- Starting the clock when the investigation ends. The 8 and 24 hours run from the incident, or from the day you or your agent learn of it or learn that it was work-related.29 CFR 1904.39(b)(7) and 29 CFR 1904.39(b)(8)
- Assuming a small company or an exempt industry is outside the rule. All employers covered by the OSH Act report.29 CFR 1904.1(a)(1) and 29 CFR 1904.2(a)(1)
- Treating the 24-hour event as 8 hours in every state, or the reverse. The federal paragraph gives 8 hours for a death and 24 hours for the other events, while California's rule uses 8 hours for a serious injury as well.29 CFR 1904.39(a) and 8 CCR 342(a)
Free tool
Answer OSHA's questions in order to see whether a case goes on the 300 Log. Reporting under 1904.39 and recording are two separate duties, and the page explains both.